Střety zájmů při ochraně biodiverzity a klimatu

3. EU Legal Framework for Climate Considerations in the EIA process European environmental policy is anchored in Article 191 of the Treaty on the Functioning of the European Union (hereinafter “ TFEU ”), which establishes the principles of a high level of protection, precaution, prevention and the polluter pays principle. One of the instruments for implementing these principles is the EIA procedure. As an ex ante regulatory mechanism, EIA facilitates the systematic integration of environmental factors, including anticipated impact on public health, biodiversity, and ecosystems, into project approval procedures. 9 Although climate factors were listed among the issues to be assessed under the original Directive 85/337/EEC (1985), 10 they received little practical attention. 11 A significant shift occurred with Directive 2014/52/EU, which amended Directive 2011/92/EU. Since 2017, EIA has explicitly required the assessment of both climate change mitigation and adaptation. Specifically, procedures must address (i) direct and indirect GHG emissions associated with the project and (ii) the project’s vulnerability to future climate risks. 12 Annex IV of the Directive requires that the environmental impact assessment report include both the project’s impact on the climate (GHG emissions) and its vulnerability to climate change. 13 Furthermore, the amended Directive introduced climate-related risks, including accidents and disasters, as a criteria to be considered in screening decisions under Annex III. 14 The assessment must account for secondary, cumulative, and synergistic effects in the light of the most up-to-date scientific knowledge. 15 The Court of Justice of the European Union (hereinafter “ CJEU ”) has consistently interpreted the Directive broadly, emphasizing its protective purpore. In Kraaijeveld 16 , the CJEU held that EIA provisions must be given an extensive and purposive interpretation to ensure their effectiveness ( effet utile ). This principle applies equally to 9 Preamble of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (EIA Directive), as amended by Directive 2014/52/EU. 10 Annex III to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. 11 VOMÁČKA, Vojtěch. Klimatické změny a EIA. In: Zborník z medzinárodnej vedeckej konferencie Bratislavské právnické fórum 2020. Bratislava: Comenius University in Bratislava, Faculty of Law, 2020 [online]. Available at: https://www.flaw.uniba.sk/fileadmin/praf/BPF/2020/ZBORNIK_BPF_ZIVOTKO_2020_ final.pdf [accessed 29 July 2025]. 12 Article 3 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU. 13 Annex IV of Directive 2011/92/EU.

14 Annex III, point 1(f) of Directive 2011/92/EU. 15 Annex IV, point 5 of Directive 2011/92/EU.

16 COURT OF JUSTICE OF THE EUROPEAN UNION. Judgment of 23 October 1996, Kraaijeveld and Others , Case C-72/95, ECLI:EU:C:1996:404, para. 31 [online]. Available at: https://eur-lex.eu ropa.eu/legal-content/EN/TXT/?uri=CELEX:61995CJ0072 [accessed 29 July 2025].

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